Landlord Headaches w/ Los Angeles Tenants

[Juan Ayala]

BP Fam,

So recently i had some tenants who moved out a month before there lease ended and came give me no notice. I found out because the downstairs tenants of mine complained that they heard running water all throughout the day and dident want it to be a water leak which would result in it leaking over to there bottom unit. So i attempted to reach the tenant by text and phone various times and no response after a few hours. So i sent my GC in and he had to pick the lock in order to get in only to find out the toilet was running but not leaking. Finally i heard from the tenants who's unit we just got in and they told us they had moved out and were unaware of the toilet leaking. So since we changed the lock i offered to meet up with them and give them the key. They said no because they did not plan on returning. It was evident since they had nothing left in the property. They then started to complain about previous issues with rodents and even complained with the department of health. They had no grounds to stand on as i responded within 24-48 hours and sent pest exterminators in. So i took there security deposit and notified them by email. Apparently after discussion with another attorney was informed i messed up by not sending them the itemized report of me taking there security deposit by mail. Keep in mind all previous and i mean ALL previous correspondence was by electronic mail or text message. I've moved on and re rented this unit but now i have some utility bills that they owe and have no way of reaching them. They ignore the invoice our property management system sends as well as our text messages. They only owe us about $140 in bills. I've decided to chop it up as a loss but figured i drop my story on here and see what everyone suggest i do and maybe a system i can report these individuals too in order to prevent other landlords from coming across these same types of tenants. They had to nerve to ask me for there security deposit back even after leaving with no notice and 30 days ahead of the lease termination. Would love to hear thoughts on this BP family? 

[Kyle J.]

As you're already aware from speaking to the attorney, in California you are required to send tenants an itemized statement that lists the amounts of (and reason for) any deductions from their security deposit by mail (or personal delivery) within 21 days of them moving out.  Email and text message don't count (even if that's how you previously communicated with the tenants). 

In this case, since they didn't notify you they were moving out and then later refused to meet you back at the property to return the keys, I would personally start the 21 day clock on the date you regained possession (the day you changed the locks). 

You don't mention how long ago this was (other than it was "recently"), but if by chance you're still within that 21 day window, I would mail that itemized statement out ASAP.  Although you say you "have no way of reaching them", you actually do (at least as far as the law is concerned).  You just mail the itemized statement to their last known address, which can be your rental property if that's all you have.  If they haven't forwarded their mail and it comes right back to your property, that's not your fault.  Hold on to that letter and keep it unopened in the event they later try to claim you never sent it to them.

On the other hand, if by chance it is beyond the 21 day window, then unfortunately there's nothing you can do.  California law says if you don't send the statement within 21 days then the landlord forfeits the right to deduct anything.  Furthermore, if the tenant were to sue the landlord in small claims court, and the judge were to find that the landlord withheld the security deposit in "bad faith", the judge could actually award the tenant the deposit plus 2x the deposit as damage.  (It doesn't sound like you withheld it in bad faith but just pointing that out as a FYI.)

Now, what to do about this $140 in bills you came here asking about.  If it were me, and I was within the 21 day window, I would put it on the itemized statement and send that out and hope they paid it but not expect it.  However, if it was beyond the 21 day window, I would not ever mention that $140 again and hope the previous tenants didn't ever mention their security deposit again or realize that you messed up by not sending them an itemized statement within the allotted time, because if they do they will likely file a small claims lawsuit since it's a slam dunk case and you'll have to return their entire security deposit.